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Interpretation Response #02-0069 ([Waste Technology Services, Inc.] [Ted Nebrich])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Waste Technology Services, Inc.

Individual Name: Ted Nebrich

Location State: NY Country: US

View the Interpretation Document

Response text:

Apr 29, 2003

Mr. Ted Nebrich                 Reference No. 02-0069
Waste Technology Services, Inc.
640 Park Place
Niagara Falls, New York 14301

Dear Mr. Nebrich:

This responds to your letter regarding the shipping description of a hazardous material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, You inquire whether a drum containing an organic toxic solid mass (70%; Division 6.1, Packing Group III) immersed in water (30%) would be described as a Division 6.1 solid, liquid, or in some other manner.  You state in your letter that the solid is completely insoluble in water.  I apologize for the delay in responding.

In the situation which you describe, the two-phase nonhomogeneous material would be properly described as "Toxic solids, organic, n.o.s., UN2811, PG III" and must be packaged in a packaging suitable for liquids as proscribed in § 172.101(i)(4). Because the shipping description identifies the material as a solid, additional information may be included on the shipping paper, in association with the basic description, to convey the physical state of the material.  Alternatively, the shipper may want to consider requesting an approval, under the provisions of
§ 172.101(l)(2), to describe the material in domestic transportation using a shipping description which includes the word "liquid."

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.


Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table